Title ABC, Alcoholic Beverage Control

§ 127-c. Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended. If a license or permit issued under this chapter is cancelled, revoked or suspended and thereafter the action of the state liquor authority effecting such cancellation, revocation…

§ 127-d. Refunds on over-payment of fees; permit not issued. Monies heretofore or hereafter received by the authority pursuant to this chapter may, within three years from the receipt thereof, be refunded to the applicant for the license or permit, on satisfactory proof that: a.…

§ 128. Certain officials not to be interested in manufacture or sale of alcoholic beverages. 1. Except as otherwise provided in section one hundred twenty-eight-a and section one hundred twenty-eight-b of this article, it shall be unlawful for any police commissioner, police ins…

§ 128-a. Police officers allowed to work in licensed premises in certain cases. Notwithstanding any inconsistent provision of law to the contrary, the authority shall promulgate such rules and regulations as may be necessary to provide that it shall not be unlawful for a police …

§ 128-b. Police officers allowed to serve as an officer of a volunteer firefighters' organization. Notwithstanding any inconsistent provision of law to the contrary, a volunteer firefighters' organization shall not be precluded from applying for an on-premises license or permit …

§ 128-c. Police officers allowed to serve as an officer of veterans' organization. Notwithstanding any inconsistent provision of law to the contrary, a veterans' organization, including, but not limited to the Veterans of Foreign Wars, the American Legion, or any other "veterans…

§ 129. Surrender of license; notice to police officials. Within three days after a license shall have been revoked pursuant to this chapter, notice thereof shall be given to the licensee by mailing such notice addressed to him at the premises licensed. Notice shall also be maile…

§ 13. Removal. Any member of the authority may be removed by the governor for cause after an opportunity to be heard. A statement of the cause of his removal shall be filed by the governor in the office of the secretary of state.

§ 130. Penalties for violations of chapter. 1. Any person who manufactures for sale or sells alcoholic beverages, other than the illicit alcoholic beverages as defined in section one hundred fifty, without having an appropriate license therefor, or whose license has been revoked…

§ 131. New York alcoholic beverage control problem premises task force. 1. There is hereby created within the authority the New York alcoholic beverage control problem premises task force (hereinafter "task force"), which shall consist of employees of the authority as designated…

§ 14. Vacancies; quorum. 1. In the event of a vacancy caused by the death, resignation, removal or disability of any commissioner, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term. 2. (a) In the event of a vacanc…

§ 140. Applicability of chapter before local option. Until such time as it shall become unlawful to sell alcoholic beverages in any town or city by the vote of the voters in such town or city in the manner provided in this article, all of the provisions of this chapter shall app…

§ 141. Local option for towns. 1. Not less than sixty days nor more than seventy-five days before the general election in any town at which the submission of the questions hereinafter stated is authorized by this article, a petition signed by electors of the town to a number amo…

§ 142. Local option for cities. 1. Not less than sixty days nor more than eighty days before the general election in the year nineteen hundred thirty-five in any city, and before any subsequent general election in the city at which the submission of the questions hereinafter sta…

§ 143. Filing certificate of result with liquor authority. Whenever at an election a vote shall be taken on the local option questions pursuant to sections one hundred forty-one or one hundred forty-two in any town or city, the officer or board charged by law with the duty of fi…

§ 144. Contesting validity of petition. Proceedings may be instituted and maintained to contest the validity, sufficiency or legality of any petition provided for in this article, in the manner provided by the election law, as though such petition were a certificate of nominatio…

§ 145. False statements and forgery. A person who forges the signature of any person upon any petition or statement provided for in this article shall be guilty of forgery in the third degree and on conviction thereof be punished accordingly.

§ 147. Effective duration of local option determination. 1. In any town or city in which a vote shall be taken on any one or more of the local option questions provided for in this article, no further vote shall be submitted upon any local option question that was presented to t…

* § 15. Officers; employees; offices. Investigators employed by the authority shall be deemed to be peace officers for the purpose of enforcing the provisions of this chapter or judgements or orders obtained for violation thereof, with all the powers set forth in section 2.20 of…

§ 150. Definitions. Whenever used in this article only, unless the context requires otherwise: 1. "Illicit alcoholic beverage" means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mix…

§ 151. Possession of illicit alcoholic beverages. Any person who shall knowingly possess or have under his control any illicit alcoholic beverages is guilty of a misdemeanor.

§ 152. Sale of illicit alcoholic beverages. (a) Any person who shall knowingly barter or exchange with, or sell, give or offer to sell or to give another any illicit alcoholic beverage is guilty of a misdemeanor. (b) Any person who shall possess or have under his control or tran…

§ 153. Stills and distilling apparatus. Any person who shall manufacture any illicit alcoholic beverage or who, not being duly licensed as a distiller under the provisions of the alcoholic beverage control law, shall own, operate, possesses or have under his control any still or…

§ 154. Premises used for manufacture or storage of illicit alcoholic beverages. Any person who, being the owner, lessee, or occupant of any room, shed, tenement, booth or building, float or vessel, or part thereof, knowingly permits the same to be used for the manufacture, distr…

§ 155. Punishment for second offenders. Any person who is convicted of violating section one hundred fifty-two or section one hundred fifty-four of this chapter and who has been previously convicted of a violation of either of these said sections or after the effective date of t…

§ 16. Disqualification of members and employees of authority. No member of the authority or any officer, deputy, assistant, inspector or employee thereof shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other ma…

§ 160. Construction of chapter. This chapter shall be so construed as to assure that the policy of the state and the intent and purpose thereof will be carried out.

§ 161. Invalidity; effect of. If any part, provision or section of this chapter or the application thereof to any person or circumstances shall be held invalid by any court of competent jurisdiction, the remainder thereof or the application of such part, provision or section to …

§ 162. Laws repealed; effect of repeal; saving clause. 1. Chapter one hundred eighty of the laws of nineteen hundred thirty-three, entitled "An act relating to the manufacture, sale, control, distribution and regulation of certain alcoholic beverages, constituting chapter three-…

§ 163. Time of taking effect. This chapter shall take effect July first, nineteen hundred thirty-four except that the state liquor authority and the local alcoholic beverage control board may, prior to July first, nineteen hundred thirty-four, receive and entertain such applicat…

§ 164. Saving clause on repeal of article three. 1. The repeal of article three by the chapter of the laws of nineteen hundred ninety-five which added this section shall not operate or be construed to invalidate or affect any action heretofore taken by the several county alcohol…

* § 17. Powers of the authority. The authority shall have the following functions, powers and duties: 1. To issue or refuse to issue any license or permit provided for in this chapter. 2. To limit in its discretion the number of licenses of each class to be issued within the sta…

* § 18. Powers and duties of the chairman. The chairman shall have the following functions, powers and duties: 1. To exercise the powers and perform the duties in relation to the administration of the division of alcoholic beverage control as are not specifically vested by this …

§ 19. Oath of office. Each member of the authority shall, before entering upon his duties, take and file an oath of office as prescribed by section ten of the public officers law.

§ 2. Policy of state and purpose of chapter. It is hereby declared as the policy of the state that it is necessary to regulate and control the manufacture, sale and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in thei…

§ 3. Definitions. Whenever used in this chapter, unless the context requires otherwise: 1. "Alcoholic beverage" or "beverage" mean and include alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wi…

§ 30. Mead producers' license. 1. Any person may apply to the liquor authority for a mead producers' license as provided for in this section. Such application shall be in writing and shall contain such information as the liquor authority shall require. Such application shall be …

§ 31. Farm meadery license. 1. Any person may apply to the authority for a farm meadery license as provided for in this section to produce mead and braggot within this state for sale. Such application shall be in writing and verified and shall contain such information as the aut…

§ 32. Authorization for sale of mead and braggot by retail licensees. 1. Each retail licensee under this chapter shall have the right, by virtue of his or her license and without being required to pay any additional fee for the privilege, to sell at retail for consumption on or …

§ 33. Authorization for sale of mead and braggot by wholesale licensees. 1. Each wholesale licensee authorized to sell beer under this chapter shall have the right, by virtue of its license and without being required to pay any additional fee for the privilege, to sell at wholes…

§ 34. Mead and braggot tasting. Any person holding a retail license under this chapter shall be permitted to conduct consumer tastings of mead and braggot upon such person's licensed premises. All such tastings shall be subject to the following limitations: 1. Tastings of mead a…

§ 35. Direct interstate mead and braggot shipments. 1. Authorization. Notwithstanding any provision of law, rule or regulation to the contrary, any holder of a license to manufacture mead and/or braggot in any other state, who obtains an out-of-state direct shipper's license, as…

§ 36. Direct intrastate mead and braggot shipments. Any person having applied for and received a manufacturing license under this chapter which includes the privilege of producing mead and/or braggot may ship no more than thirty-six cases (no more than nine liters per case) of m…

§ 50. Kinds of licenses. The following kinds of licenses may be issued for the brewing and sale of beer: 1. Brewer's licenses; 2. Brewer's retail licenses; 3. Wholesaler's licenses; 4. Vendor's licenses; 5. Licenses to sell beer at retail for consumption off the premises; and 6.…

§ 51. Brewer's license. 1. Any person may apply to the liquor authority for a license to brew beer within this state for sale. Such application shall be in writing and verified and shall contain such information as the liquor authority shall require. Such application shall be ac…

§ 51-a. Farm brewery license. 1. Any person may apply to the authority for a farm brewery license as provided for in this section to brew beer within this state for sale. Such application shall be in writing and verified and shall contain such information as the authority shall …

§ 52. Custom beermakers' center. 1. Any person may apply to the authority on or before December thirty-first, two thousand nineteen for a custom beermakers' center license as provided for in this section to operate a custom beermakers' center facility and provide individuals wit…

§ 53. Wholesaler's license. Any person may apply to the liquor authority for a license to sell beer at wholesale. Such application shall be in writing and verified and shall contain such information as the liquor authority shall require. Such application shall be accompanied by …

§ 53-a. Vendor's license. In cities having a population of one million or more, any individual person may apply for a license to sell beer as a vendor. Such application shall be in writing, and verified, and shall contain such information as the liquor authority shall require. S…

§ 54. License to sell beer at retail for consumption off the premises. 1. Any person may apply to the appropriate board for a license to sell beer at retail not to be consumed upon the premises where sold. Such application shall be in writing and verified and shall contain such …